Malema’s court bid to stop appointment of chiefs fails

03rd November 2017
Kgosi Mmirwa Malema Source:The Midweek Sun


By Kemoreilwe Jimson - Reporter

Former Bobirwa Kgosi, Mmirwa Malema and his son, Letso Malema suffered another setback this week when the Court of Appeal (CoA) dismissed their application. This comes after they lost their interdict application before Gaborone High Court Judge, Leatile Dambe last month (September).

Both men had approached the High Court on a certificate of urgency seeking an interim order interdicting the appointment or recognition and installation of the chief’s representatives and other positions in the Babirwa tribal community. When he dismissed their application with costs, Justice Isaac Lesetedi said the two failed to show the basis of any urgency.

The High Court also dismissed their application last month because the two failed to establish their legal standing to move the application. Malema ascended to the position in 1972 after having been elected by the community at a kgotla meeting. In early 2016, Kgosi Malema expressed his intention to retire and to appoint his son as his successor, contending that he was a hereditary tribal leader of the Babirwa community and that by virtue of the customs and practices of the Babirwa community he had the right to designate his son as his successor.

On February 2017 a team of traditional leaders from Serowe assigned by the Minister of Local Government and Rural Development, Slumber Tsogwane, convened a meeting of Babirwa tribal community at the Bobonong kgotla where the community overwhelmingly recommended three people - Ezekiel Joel, Dimakatso Patane and Onkemetse Seromula - for appointments.

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